The politics of Spain's judiciary

The new civil war

An investigation into Franco-era atrocities lands a judge in trouble

GENERALÍSIMO FRANCISCO FRANCO, the one-time caudillo of Spain, is a dangerous figure to squabble over. No one is as aware of that as Spain's most controversial magistrate, Baltasar Garzón. He brought about the latest row in October 2008 by opening an investigation into atrocities allegedly committed by the late dictator and his henchmen. Now he is the one who faces punishment.

Although Judge Garzón stopped his inquiry, passing the case down to lower courts, his action rekindled ancient hatreds. Everyone has become involved, from the Falange, the blue-shirted backbone of Franco's National Movement, to the descendants of the last Republican prime minister during the Spanish civil war. Spain's politicised judicial system finds itself caught in the middle.

Judge Garzón is the target of a private prosecution that claims he overstepped his powers in pursuing Franco's ghost. Originally brought by a small, far-right trade union, the writ against Judge Garzón (along with another one on an unrelated issue) is now backed by the minuscule rump of the once-mighty Falange. It wants to join the prosecution, claiming that the judge libelled the party by identifying former members as suspected perpetrators of crimes against humanity.

The old Falangists are dead, like all 35 Franco-era officials named by Judge Garzón for their role in a campaign of extermination against 100,000 opponents. So is Juan Negrín, the last prime minister of the republic that Franco overthrew. But his granddaughter, Carmen Negrín is very much alive. She has now asked the court to prevent judges and magistrates who started their careers before Franco's death in 1975 from sitting in judgment over Judge Garzón; like all judges who started work under Franco, she says, they swore before God loyalty to the caudillo and the principles of the (National) Movement.

To the surprise of many, the complaint has passed through several judicial stages. The final decision on whether to put the magistrate on trial is still due, but some Supreme Court judges seem happy to see him in the dock. Some supporters smell revenge; Judge Garzón has made enemies across the political spectrum and within the judiciary itself.

“This is a battle over the history of Spain. It has now catalysed around one person,” says Joan Garcés, a lawyer acting on behalf of Ms Negrín. It would be strange indeed if the only person to be prosecuted over the crimes of the civil war were Judge Garzón.